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Home My Public Portal About2006-05 Amending West Mashta Road Bridge of Public PlacesORDINANCE NO. 2006-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 22-31 "WEST MASHTA ROAD BRIDGE" OF CHAPTER 22 "PUBLIC PLACES" THE VILLAGE CODE TO PROVIDE RESTRICTIONS ON HOURS OF USE AND TO AMEND REFERENCE TO SPECIAL EVENT PERMIT SECTION IN CONFORMANCE WITH REVISIONS TO CHAPTER 17; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village is the owner of the West Mashta Road Bridge (the "Bridge"); and WHEREAS, due to security concerns, the Village Council wishes to amend Section 22-31 "West Mashta Road Bridge" of the Code of Key Biscayne, Florida to restrict the hours of saltwater fishing at the Bridge; and WHEREAS, the Village Council finds that the provisions of this Ordinance are necessary for the purpose of protecting the public health, safety and welfare, as authorized by Section 370.102, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above stated recitals is hereby adopted and confirmed. Section 2. Village Code Amended. That Section 22-1 "West Mashta Road Bridge" of the Village Code of the Village of Key Biscayne, Florida is hereby amended as follows:' 1 / Proposed additions to existing code text are indicated by underline; proposed deletions to existing code text are indicated by strikethrough. Section 22-1 West Mashta Road Bridge *** (e) Special Events Permits: In the event that a group of persons desire to utilize the Bridge for Fishing Activities, the Village Manager may issue a Special Event Permit pursuant to the provisions of Village Code Section 17-5 requiring the issuance of a special events permit shall be applicable. *** (h) Hours of Use: Saltwater Fishing Activities or Fishing Activities at the Bridge shall be limited to daylight hours between sunrise and sundown. Exemptions.- This Q) pedestrianroverihe-Bridgein-aceordance-witIr taw. - Exemptions: This section shall not be construed to prohibit the simple, direct passage of vehicles or pedestrians over the Bridge in accordance with law. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion In The Code. It is the intention of the Village Council that the provisions of this Ordinance shall become and made a part of the Village Code; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Penalty. Any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not 2 to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall also be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended, and Section 2-31, et. seq. of the Village Code, as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 13th day of June, 2006. PASSED AND ADOPTED on second reading this 27th day of June , 2006. MAYOR ROBERT OLDAKOWSKI CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO ORM AND LEGAL SUFFI VILLAGE ATTO F:\100\103001 \Ordinances\Mash Bridge Ordinance 5.9.06.doc 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE SECOND READING MEETING 6/27/06 in the XXXX Court, was published in said newspaper in the issues of 06/16/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, r -.ate, com -'• - or refund for the purpose of securing s advert, ent for publication in the said newspap Sworn to and subscribed before me this (SEAL) O.V. FERBEYRE personally 40-M1,k men. NoticeNouottlatierpby,lhr Second Heading 4y a,meeting to bet Council Chamber Ronda: A CAPITAL PROJECT II VILLAGE OF KEY BiS CONCERN THE BOULEVARD. , MRR VILLAGE; A HOR VILLAGE TO,CONST -BOULEVARD ND VICINITY 0 HEROIN; _ `A i0RIZ PROVIDING FOR -1 1� PROVIDING FOR SEV EFFECTIVE DATE. � -AN ORDINANCE •OF THE ¢VIL.L,AGE OF KEYBISCAYNE, FLORIDA, AMENDING S Cif 0N- 24i - ROAD BRIDGE' -OF CH VILLAGE OODE.TO,P OF USE AND�TOAM1 I ERII IT SECTION,IN [ O MAI WITH R fist) CHAPTER 17;; PROVIDIN� IN a FOR ? ►RVERA l `; PROVID- ING FOR INCLUSION A IN ,T CODE; PROVIDING, FOR A PENALTY; ENDPROViOiNG FORANEFFECTI1 DATE. A CAPITAL PROJECT AUTHORIZING-0ORDINANCE OF THE VILLAGE OF KEY ISC ►YNE, -FLORIDA ,"VILLAGE"), Ea.S ITARY- , AS►HTA " THE JRS. ENT= CONCERNING THE CONSTRUCTION OF 1 SEWER ANDWATER LINE„IMPROVEMENT 'ROJECT (THE "PROJECT") OF THE VILLAGE:' AUTHORIZING:AND-PRO- VIDING�FOR THE VILLAGE TO CONSTRUCT -THE PROJECT AS DESCRIBED HEREIN; AUTHORIZING EXPENDITURE OF FUNDS;, PROVIDINGe:. FOR NOTICE OF ORDINANCE ADOPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE- AN ,ORDINANCE OF THE VILLAGE ,OF °KEtf ISCAYNE, FLORIDA, AMENDING_ CHAPTER 21' "PUBLIC RIGHTS -OF - WAY", AT ARTICLE 11 "LANDSCAPING IN PUBLIC RIGHTS - OF -WAY", BY CREATINGSECTION 21-15 "EXEMPTION" TO EXEMPT THE VILLAGE' SANITARY SEWER AND'WATER LINE IMPROVEMENT PROJECT FROM THE PROVISIONS OF SECTION _21-12 '.'YIL#..AGE .°PROJECTS - WITHIN THE PUBLIC RIGHTS -OF -WA `".; PROVIDING ::FOR SEVERA- BILITY; PROVIDINGEFOF NCLUSION 1N•COOE;"PROVIDING E FOR AN EF T1 E DATE. The proposed Ordinances May be inspected by the pubhc at the Office of the Village Clerk. Interested parties may appear at thea,Public Hearing and be heard with respect to the proposed Ordirianoes. Any person wishing to address the Village Council 9n any item at this Public Hearing ,is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities. •Act ,of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of theVillage Council `with respect to any matter to be considered at this meeting, that person �o C testimony and ev ence upatirn o nwhi i a d of e y pe rr ay be`based (F including 286.0105). Comments of -any interested party r*alive tt. is matter may be submitted in writing and orpresen '-feiedh of t "e ublic hearing• 6/16 H.- Alvarez, CMC IlaageClek. 06-4-25/691576M